COUNTY MATERIALS CORP v. INDIANA PRECAST INC III (2021)

Published Order

This case is before the Court on Appellants’ petition to transfer jurisdiction filed pursuant to Indiana Appellate Rules 56(B) and 57. The Court of Appeals found that Appellants filed their Notice of Appeal on September 15, 2020, thirty-one days after their motion to correct error was deemed denied. Cty. Materials Corp. v. Indiana Precast, Inc., 176 N.E.3d 526 (Ind. Ct. App. 2021), vacated. The parties agree, and this Court finds, that Appellants filed their Notice of Appeal on September 14, 2020.

Accordingly, the Court GRANTS transfer, VACATES the Court of Appeals opinion, and REMANDS to the Court of Appeals for reconsideration.

Done at Indianapolis, Indiana, on 12/16/2021.

All Justices concur.